BILL ANALYSIS
AB 788
Page 1
GOVERNOR'S VETO
AB 788 (Maldonado)
As Amended June 5, 2000
2/3 vote
-----------------------------------------------------------------
|ASSEMBLY: |77-0 |(January 18, |SENATE: |36-0 |(August 29, |
| | |2000) | | |2000) |
-----------------------------------------------------------------
-----------------------------------------------------------------
|ASSEMBLY: |74-1 |(August 31, | | | |
| | |2000) | | | |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Revises the purpose of juvenile court law to include
dispositions intended to accomplish public safety objectives,
and establishes set principles governing the operation of the
juvenile justice system based on the "Balanced Approach to
Restorative Justice" model.
The Senate amendments make technical, non-substantive conforming
changes.
EXISTING LAW :
1)Provides that minors under the jurisdiction of the juvenile
court as a consequence of delinquent conduct shall, in
conformity with the interests of public safety and protection,
receive care, treatment and guidance which is consistent with
their best interests, which holds them accountable for their
behavior, and which is appropriate for their circumstances.
2) Juvenile courts and other public agencies charged with
enforcing, interpreting and administering the juvenile court
law shall consider the safety and protection of the public
AB 788
Page 2
and the best interests of the minor in all deliberations.
3) Provides that minors adjudged wards of the juvenile court
based on criminal conduct may be subject to disposition
including, but not limited to, placement in a juvenile hall,
ranch, camp, forestry camp or secure juvenile homes, or the
Youth Authority.
4) Allows for the court to take jurisdiction over a minor upon
a finding that the minor has committed an offense, violated
an ordinance or is beyond the control of his or her parents.
AS PASSED BY THE ASSEMBLY , this bill:
1)Revised the purpose of the juvenile court law to provide that
minors in the juvenile justice system receive dispositions
intended to accomplish public safety through a model of the
"Balanced Approach to Restorative Justice" model that
established the following three objectives:
a) Community protection through a continuum of appropriate
responses to delinquent conduct, ranging from supervision
to incapacitation, which protect citizens and victims from
the threat to public safety posed by the minor;
b) Accountability of the minor through restoration of the
losses experienced by the victim and the community; and,
c) Competency development of the minor in basic living
skills necessary for law-abiding citizenship, with these
objectives being given equal consideration and weight by
participants working within the juvenile court system and
involved with the recommendation, implementation or
supervision of the disposition.
2)Provided legislative intent that the following five principles
apply to California's juvenile justice system for a delinquent
minor:
a) The public had a right to safe and secure homes and
communities;
AB 788
Page 3
b) Crime resulted in injury to the victim, the community,
and the offender which the juvenile justice system should
seek to repair through all parties' participation in the
juvenile justice process;
c) A juvenile offender should be capable of living in a
responsible and law-abiding manner within the community and
his or her family when he or she emerged from the juvenile
court's jurisdiction;
d) The unique set of experiences and circumstances
contributing to the minor's offensive behavior must be
addressed; and,
e) California's juvenile justice system would best achieve
long-term public safety when community protection,
accountability of the offender to the victim and the
community, and offender competency development are treated
as equally weighed goals.
3)Reaffirmed the parent's duty to support and maintain a minor
child, subject to financial ability, during the period in
which the minor was under the wardship of the court.
FISCAL EFFECT : None
COMMENTS : According to the author, "I am worried about the
youth in our society-especially those without responsible
parents to guide them. I want to find a way to teach these kids
about the consequences of their actions before they commit
crimes that land them in prison. I believe the programs
described in AB 788 will force these youth to deal with their
victims and the cost of their crimes-teaching them
responsibility and how to avoid future crimes. We need to find
more approaches to combating juvenile crime. The pilot
envisioned by AB 788 would teach juvenile offenders about the
consequences of their actions and the cost to their victims."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
AB 788
Page 4
GOVERNOR'S VETO MESSAGE :
"This bill would revise the basic principles of juvenile justice
in California to emphasize rehabilitative treatment programs and
to specifically delete references to 'punishment'.
"I am open to prevention and treatment programs which are proven
effective. However, the principles stated in this bill appear
to emphasize alternatives to incarceration, without specifying
that such programs be proven, effective means to ensuring public
safety. I am therefore returning this bill without my
signature."
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744
FN: 0007607